Amendments tabled up to 9.30am Thursday, 5 February 2015 and selected for debate

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1 [Negatived on division on cross community vote]

Clause 4, Page 3, Line 5

At end insert -

‘(8) Regulations shall provide, in circumstances where one member of a couple does not accept a claimant commitment within a prescribed period, that the claim may be considered as a claim by the other member of the couple as a single person.’

Mr Roy Beggs Mr Robin Swann

Clause 4 [Question that Clause 4 stand part agreed without division]

The Chairperson of the Committee listed below gives notice of their intention to oppose the question that clause 4 stand part of the Bill.

Chair, Committee for Social Development

Amendment 2 [Not moved]

Clause 6, Page 3, Line 28

Leave out ‘7’ and insert ‘3’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 3 [Not moved]

New Clause

After clause 6 insert -

‘Joint claims where one party does not accept claimant commitment

6A. In a claim by members of a couple jointly, where one party does not accept a claimant commitment the claim shall proceed as if the party who has signed a claimant commitment had made a single person claim and payment shall be made to that party.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 4 [Not moved]

New Clause

After clause 6 insert -

‘Provision of Claimant Documentation

6B. Regulations must provide, if a claimant is unable to provide documentation required to process a claim, for the information to be provided by prescribed third parties to enable the claim to be processed.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 5 [Not moved]

Clause 10, Page 4, Line 36

At end insert -

‘(2A) Where an additional amount under subsection (2) can be awarded at two different rates, the lower rate shall be no less than two thirds of the higher rate.’

Mr Steven Agnew

Clause 10 [Question that Clause 10 stand part agreed without divison]

The Chairperson of the Committee listed below gives notice of their intention to oppose the question that clause 10 stand part of the Bill.

Chair, Committee for Social Development

Amendment 6 [Not moved]

Clause 11, Page 5, Line 25

At end insert -

‘(4A) Regulations under subsection (4) shall provide that any calculation involving a reduction based on the age of the claimant shall not take effect for a period of 52 weeks in respect of any new claimant.’

Mr Steven Agnew

Amendment 7 [Not moved]

Clause 11, Page 5, Line 31

At end insert -

‘(iii) to continue for a period of four weeks after a claimant is employed.’

Mr Steven Agnew

Clause 12 [Question that Clause 12 stand part agreed without divison]

The Chairperson of the Committee listed below gives notice of their intention to oppose the question that clause 12 stand part of the Bill.

Chair, Committee for Social Development

Amendment 8 [Not moved]

New Clause

After clause 12 insert -

‘Frequency of payment

Frequency of payment

12A . Universal credit shall be paid twice monthly unless a single claimant or the members of a couple jointly opt, in making a claim, to be paid on a monthly basis.’

Mr Roy Beggs Mr Robin Swann Mrs Dolores Kelly Mr Alex Attwood

Amendment 9 [Negatived on division on cross community vote]

Clause 14, Page 6, Line 32

At end insert -

‘(a) In preparing, reviewing and updating a claimant commitment under subsection (2) the Department shall have due regard for the claimant’s skills, experience, caring responsibilities and physical and mental ill health.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 10 [Not moved]

Clause 16, Page 7, Line 35

Leave out ‘approved by the Department’ and insert ‘employed by a HSC Trust or who is a general practitioner’

Mr Steven Agnew

Amendment 11 [Not moved]

Clause 16, Page 7, Line 41

At end insert -

‘(c) Any decision taken under subsection (5) shall take account of relevant medical evidence including evidence of mental ill health. ’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 12 [Negatived on division on cross community vote]

Clause 24, Page 12, Line 3

Leave out ‘—’ and insert ‘or an incident motivated by hate—’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 13 [Not called]

Clause 24, Page 12, Line 15

At end insert -

‘(9) For the purposes of subsection (7)⁠—

(a) An ‘incident motivated by hate’ has such meaning as may be prescribed;

(b) A ‘victim of an incident motivated by hate’ means a person on or against whom an incident motivated by hate is inflicted or threatened (and regulations under subsection (7) may prescribe circumstances in which a person is to be treated as being or not being a victim of a serious incident motivated by hate)’;

(c) A person has recently been a victim of an incident motivated by hate if a prescribed period has not expired since the incident was inflicted or threatened.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 14 [Made without division]

Clause 26, Page 13, Line 13

Leave out ‘3 years’ and insert ‘18 months’

Minister for Social Development

Amendment 15 [Not called]

Clause 26, Page 13, Line 13

Leave out ‘3 years’ and insert ‘26 weeks’

Mr Steven Agnew

Clause 26 [Question that Clause 12 stand part agreed on divison]

The Chairperson of the Committee listed below gives notice of their intention to oppose the question that clause 26 stand part of the Bill.

Chair, Committee for Social Development

Amendment 16 [Negatived on division on cross community vote]

Clause 27, Page 14, Line 20

At end insert -

‘(10) A claimant shall be provided with at least fifteen days to provide a good reason under any such requirement in this section.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 17 [Not moved]

New Clause

After clause 37 insert -

‘The Independent Living Fund

37A . The Department shall bring forward within 18 months of commencement of this Act a fund to replace the Independent Living Fund, following consultation with the Department for Employment and Learning and the Department of Health, Social Services and Public Safety.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 18 [Not moved]

Clause 38, Page 17, Line 29

At end insert -

‘and any such assessment must take account of relevant medical evidence.’

Mr Roy Beggs Mr Robin Swann

Amendment 19 [Not moved]

Clause 38, Page 17, Line 29

At end insert -

‘and any such assessment shall take account of relevant medical evidence including evidence of mental ill health.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 20 [Not moved]

Clause 42, Page 20, Line 16

At end insert -

‘(7) Within six months of a pilot scheme being initiated under section 41 of the Welfare Reform Act 2012 the Department shall bring forward a similar pilot scheme in Northern Ireland under this section.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 21 [Not moved]

Clause 44, Page 20

Leave out from line 40 to line 6 on page 21 and insert -

‘shall not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.’

76A . The Department shall arrange for the operation of at least one pilot scheme in relation to this Part for the purposes of testing the effectiveness of arrangements for making personal independence payments and the outcomes for claimants.’

Mr Roy Beggs Mr Robin Swann

Amendment 35 [Made without division]

Clause 79, Page 60, Line 27

At end insert -

‘(2A) Any person determining a question mentioned in subsection (1) or (2) shall take account of relevant medical evidence.’

Mr Roy Beggs Mr Robin Swann

Amendment 36 [Not moved]

Clause 79, Page 60, Line 27

At end insert -

‘(2A) Any person determining a question mentioned in subsection (1) or (2) must take account of relevant medical evidence including evidence of mental ill health.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 37 [Not moved]

Clause 79, Page 60, Line 31

At end insert -

‘( ) must provide that a person carrying out an assessment under paragraph (a) or determining a question under subsection (1) or (2) shall be a health care professional employed by a HSC Trust or a general practitioner;’

Mr Steven Agnew

Amendment 38 [Not moved]

Clause 80, Page 61, Line 19

Leave out ‘9 months’ and insert ‘6 months’

Mr Steven Agnew

Amendment 39 [Not called]

Clause 80, Page 61, Line 33

Leave out ‘“the next 9 months” means the 9 months’ and insert ‘“the next 6 months” means the 6 months’

Mr Steven Agnew

Amendment 40 [Not moved]

Clause 93, Page 65

Leave out lines 16 to 22 and insert ‘shall not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.’

Mr Steven Agnew

Amendment 41 [Not called]

Clause 93, Page 65, Line 33

Leave out subsection (7)

Mr Steven Agnew

Amendment 42 [Negatived on division on cross community vote]

Clause 95, Page 66, Line 30

At end insert -

‘(5) Notwithstanding subsections (1) and (4) the benefit cap shall not be applied to child benefit or to any benefits a claimant receives for caring responsibilities, carer’s allowance or additional amounts received within Universal Credit for claimants with regular and substantial caring responsibilities under section 10 or section 12.’

The Member listed below gives notice of his intention to oppose the question that clause 115 stand part of the Bill.

Mr Steven Agnew

Amendment 46 [Made without division]

Clause 117, Page 88, Line 9

At end insert -

‘( ) the Department of Justice;’

Minister for Social Development

Amendment 47 [Made without division]

New Clause

After clause 120 insert -

‘Reports by Department

120A . In Article 76 of the Social Security (Northern Ireland) Order 1998 (reports by Department) for paragraph (1) substitute⁠—

“(1) The Department shall prepare, either annually or at such times or intervals as may be prescribed, a report on⁠—

(a) the standards achieved by the Department in the making of decisions against which an appeal lies to an appeal tribunal constituted under Chapter 1 of Part 2; and

(b) the operation of sanctions.

(1A) For the purposes of paragraph (1)(b) a sanction is⁠—

(a) the reduction in the amount of an award of universal credit, a jobseeker’s allowance, income support or an employment and support allowance on account of a failure by a person to comply with any requirement or any other conduct of a person;

(b) the loss of, or reduction in the amount of, any sanctionable benefit under the Social Security Fraud Act (Northern Ireland) 2001.

(1B) A report under paragraph (1)(b) must contain details of⁠—

(a) the number of persons affected by sanctions;

(b) the periods for which such persons are affected;

(c) the reasons for which sanctions are imposed;

(d) the benefits or allowances which are reduced or lost.”.’

Minister for Social Development

Amendment 48 [Not moved]

New Clause

Page 90, after line 23 insert -

‘Duty to ensure access to advice

Duty to ensure access to advice

120B . It is the duty of the Department to ensure that all claimants have access to independent advice in relation to making a claim under this Act.’

Mr Roy Beggs Mr Robin Swann

Amendment 49 [Not moved]

New Clause

After clause 120 insert -

‘Review of the Welfare Reform Act

120C .—(1) The Department must⁠—

(a) not later than 3 years after the commencement of this Act, and

(b) at least once in every period of 5 years thereafter,

publish an independent report on the operation and effectiveness of this Act and any regulations made under its provisions.

(2) Without prejudice to the generality of subsection (1), any report produced under that subsection shall include⁠—

(a) an assessment of the impact of the Act on⁠—

(i) the number of people with a disability living in poverty;

(ii) the number of children living in poverty;

(iii) the financial impact on woman claimants;

and

(b) recommendations for legislative change to remedy any negative impact of the Act on any of the categories of person listed in section 75 of the Northern Ireland Act 1998.

(3) The Department shall lay before the Assembly as soon as is reasonably practical after publication any report produced under subsection (1) and shall propose a debate on the report in the Assembly not less than one week and no more than six weeks after the report is laid.’

Mr Steven Agnew

Amendment 50 [Not moved]

New Clause

After clause 120 insert -

‘Duty to ensure access to independent advice

120D .—(1) The Department shall ensure that any person making a claim under this Act shall be entitled to have access to independent confidential advice and assistance provided free of charge in relation to making a claim under this Act.

(2) For the purposes of section (120) the Department must bring forward guidance on the independent confidential advice and assistance which is to be provided in consultation with the Northern Ireland Advice Services Consortium, within 3 months of the commencement of this section.’

The Minister for Social Development gives notice of his intention to oppose the question that clause 129 stand part of the Bill.

Minister for Social Development

Amendment 51 [Made without division]

New Clause

After clause 130 insert -

‘Discretionary support

130A .—(1) The Department may, in accordance with regulations under this section⁠—

(a) make payments by way of grant or loan to prescribed persons;

(b) provide, or arrange for the provision of, goods or services to prescribed persons.

(2) Anything done under subsection (1)(a) or (b) is referred to in this section as the provision of discretionary support.

(3) Regulations may make provision⁠—

(a) for the Department to provide discretionary support only in prescribed circumstances;

(b) conferring a discretion on the Department (subject to any provision made by virtue of paragraph (c) or (d))⁠—

(i) as to whether or not to provide discretionary support in a particular case; and

(ii) as to the nature of the discretionary support and (in the case of support by way of payments) as to the amount of the payments and the period for or in respect of which they are made;

(c) imposing a limit on the amount of the discretionary support that the Department may make in any particular case;

(d) restricting the period for or in respect of which the Department may provide discretionary support in any particular case;

(e) for claims for discretionary support to be made in the prescribed form and manner and for the procedure to be followed in dealing with and disposing of such claims;

(f) imposing conditions on persons claiming or receiving discretionary support requiring them to provide to the Department such information as may be prescribed;

(g) for the disclosure of information relating to discretionary support in prescribed circumstances or to prescribed persons;

(h) authorising the Department in prescribed circumstances to recover by prescribed means discretionary payments made under this section;

(i) requiring or authorising reviews (whether by the Department or a prescribed person) of decisions made by the Department with respect to the provision of discretionary support or the recovery of payments made under this section;

(j) for such other matters as appear to the Department to be necessary or expedient in connection with the provision of discretionary support, including provision creating criminal offences and provision amending or applying (with or without modification) any statutory provision.

(4) In this section “prescribed” means prescribed by, or determined in accordance with, regulations under this section.

(5) Discretionary support is not to be regarded as a social security benefit; but regulations under this section may provide for any statutory provision relating to a social security benefit (or to such benefits generally) to apply with prescribed modifications to discretionary support.

(6) Regulations shall not be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(7) The Department shall, in respect of each financial year, prepare and lay before the Assembly a report on the operation of regulations made under this section.’

Minister for Social Development

Amendment 52 [Made without division]

New Clause

After clause 130 insert -

‘Discretionary support Commissioner

130B .—(1) There shall be an officer known as “the discretionary support Commissioner”.

(2) The discretionary support Commissioner shall be appointed by the Department on such terms and conditions as the Department may determine.

(3) The discretionary support Commissioner⁠—

(a) shall appoint such discretionary support inspectors; and

(b) may appoint such staff for the Commissioner and for discretionary support inspectors,

as the Commissioner thinks fit but with the consent of the Department.

(4) Appointments under subsection (3) shall be made from persons made available to the Commissioner by the Department.

(5) Discretionary support inspectors have such functions as are conferred or imposed on them⁠—

(a) by regulations under section 130A, or

(b) by any other statutory provision,

in relation to the review of decisions of the Department.

(6) It shall be the duty of the discretionary support Commissioner⁠—

(a) to monitor the quality of decisions of discretionary support inspectors and give them such advice and assistance as the Commissioner thinks fit to improve the standard of their decisions;

(b) to arrange such training of discretionary support inspectors as the Commissioner considers necessary;

(c) to carry out such other functions in connection with the work of discretionary support inspectors as the Department may require;

(d) to report annually in writing to the Department on the standards of reviews by discretionary support inspectors.

(7) The Department shall publish any report made under subsection (6)(d).

(8) In Part 1 of Schedule 4 to the Administration Act after the entries under the heading “The social fund” there is inserted⁠—

“Discretionary support officers

The discretionary support Commissioner.

A discretionary support inspector.

A member of any staff appointed under section 130B(3)(b) of the Welfare Reform Act (Northern Ireland) 2015.”

(9) In the Freedom of Information Act 2000, in Part 7 of Schedule 1 after the entry relating to the social fund Commissioner there is inserted⁠—

“The discretionary support Commissioner appointed under section 130B of the Welfare Reform Act (Northern Ireland) 2015.”.’

Minister for Social Development

Amendment 53 [Negatived on division on cross community vote]

New Clause

Page 94, after line 19 insert -

‘Impact of Regulations on Victims and Survivors

130C . The Department must ensure that regulations under this Act are prepared with due regard for the impact on victims and survivors of the past in consultation with the Northern Ireland Commission for Victims and Survivors.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 54 [Negatived on division on cross community vote]

New Clause

Page 94, after line 19 insert -

‘Annual Report by Department

130D . The Department shall be required to table a report in the Assembly on the implementation of this Act as it affects welfare provision in Northern Ireland and on the financial arrangements governing and applicable to welfare expenditure in Northern Ireland within six months of the commencement of this Act and on an annual basis thereafter.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 55 [Negatived on division on cross community vote]

New Clause

Page 94, after line 19 insert -

‘Welfare Reform Committee

130E . There shall be established a committee of the Assembly which shall monitor the implementation of this Act as it affects welfare provision in Northern Ireland and to consider relevant Northern Ireland legislation and other consequential arrangements.’

Mrs Dolores Kelly Mr Alex Attwood Mr Alban Maginness Mr Pat Ramsey

Amendment 56 [Not moved]

New Clause

Page 94, after line 19 insert -

‘Review

130F . The Northern Ireland Joint Standards Committee for the Social Security Agency and Child Maintenance Service shall monitor the standards and quality of decision making with regards to the sanctions defined under this Act and report to the Social Security Agency and Child Maintenance Service on an annual basis.’

“HSC Trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1);’

Mr Steven Agnew

Amendment 58 [Made without division]

Clause 133, Page 95, Line 1

Leave out ‘46 to’ and insert ‘section’

Minister for Social Development

Amendment 59 [Made without division]

Clause 133, Page 95, Line 3

Leave out paragraph (b) and insert -

‘( ) sections 51 and 56 (employment and support allowance);’

Minister for Social Development

Amendment 60 [Made without division]

Clause 133, Page 95, Line 5

Leave out paragraph (c)

Minister for Social Development

Amendment 61 [Made without division]

Clause 133, Page 95, Line 6

At end insert -

‘( ) sections 65, 67 and 68 (industrial injuries benefit);

( ) section 69 (housing benefit determinations);’

Minister for Social Development

Amendment 62 [Made without division]

Clause 133, Page 95, Line 8

At end insert -

‘( ) sections 95 and 96 (benefit cap regulations);’

Minister for Social Development

Amendment 63 [Made without division]

Clause 133, Page 95, Line 9

Leave out paragraphs (f), (g) and (h)

Minister for Social Development

Amendment 64 [Made without division]

Clause 133, Page 95, Line 23

Leave out ‘section 109 to 111’ and insert ‘sections 109 and 110’

Minister for Social Development

Amendment 65 [Made without division]

Clause 133, Page 95, Line 24

Leave out paragraph (l)

Minister for Social Development

Amendment 66 [Made without division]

Clause 133, Page 95

Leave out lines 27 and 28 and insert -

‘( ) sections 121 and 124 to 126 (child support maintenance);’

Minister for Social Development

Amendment 67 [Made without division]

Clause 133, Page 95, Line 31

Leave out paragraph (q)

Minister for Social Development

Amendment 68 [Made without division]

Clause 133, Page 95, Line 32

Leave out paragraph (r)

Minister for Social Development

Amendment 69 [Made without division]

Clause 133, Page 95, Line 32

At end insert -

‘( ) sections 130A and 130B (discretionary support);’

Minister for Social Development

Amendment 70 [Made without division]

Clause 133, Page 95

Leave out line 34 and insert -

‘(t) in Schedule 7, paragraphs 2, 6, 8 and 13(1) and’

Minister for Social Development

Amendment 71 [Made without division]

Clause 133, Page 95

Leave out lines 39 and 40 and insert -

‘(ii) in Part 3 the entries relating to paragraph 27(3)(b) of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and to Part 3 of Schedule 4 to the Welfare Reform Act (Northern Ireland) 2010,’